I. Facts
In July 1987, the FBI applied for and received judicial authorization for wiretap surveillance of appellant-cross-appellee Pet-ti and several others suspected of engaging in a fraudulent scheme to gain control of a gambling enterprise on the Rincon Indian Reservation in San Diego, California. During the investigation, Petti’s supposed friend, Benjamin, a government informant, introduced Petti to Agent Ahearn, an undercover invеstigator posing as a representative of Colombian cocaine dealers.
By the end of 1988, the focus of the investigation had shifted from the scheme *1443 to gain control of the gambling operation to a money laundering scheme involving a number of the same players, including Pet-ti and his codefendant Silberman. Petti introduced Agent Ahearn to Silberman in November 1988. Agent Ahearn was to “invest” $100,000 in a “smurfing” scheme. 1 At one point, Agent Ahearn asked Petti to “check out” one of the people involved in the scheme, and Petti did so, assuring Agent Ahearn the person was “okay.”
In February 1989, Agent Ahearn and Sil-berman met to discuss a second deal. Agent Ahearn gave Silberman $200,000 in cash to be “laundered,” and was given coupon bonds in exchange. Their value was less than promised, but Silberman and Petti assured Agent Ahearn that Petti would “take care of it.” Ultimately, Silberman and Petti were arrested aftеr Agent Ah-earn and Silberman met to discuss still another money laundering deal.
Silberman’s and Petti’s trials were severed. Silberman, tried first, was convicted only of structuring financial transactions to avoid currency reporting requirements; the jury hung on the remaining counts. Silber-man subsequently pled guilty to conspiring to evade reporting requirements and was sentenced to 46 months.
Before Petti was tried, the court denied his motion to suppress evidence of a numbеr of wiretapped and taped conversations demonstrating his connection to Silberman and Agent Ahearn. That evidence was introduced at trial and Petti was convicted of conspiring to launder money and evade currency reporting requirements, evading currency reporting requirements, and filing false currency transaction reports.
Petti’s base offense level under the federal sentencing guidelines was 20. It was raised twо levels because the amount involved was more than $200,000 and three more because Petti knew the money came from narcotics activity. It was reduced four levels for Petti’s minimal participation and two more for acceptance of responsibility. The resulting sentencing range was 37 to 46 months. The court departed downward and sentenced Petti to 30 months.
Petti appeals from the denial of his suppression motion, сlaiming the statute authorizing the wiretap surveillance violates the Fourth Amendment, and, if the statute is constitutional, the government did not meet its requirements. He also maintains there was insufficient evidence to support his conviction. The government cross-appeals, contending the court erred in granting the four-level reduction for minimal participation and in departing downward.
II. Constitutionality of Roving Wiretap Surveillance
Twenty-five years ago, the Supreme Court determined the Fourth Amendment governs wiretap surveillance.
See Berger v. New York,
Congress codified the requirements of
Berger
and
Katz
in Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520 (“Title III”).
See
S.Rep. No. 1097, 90th Cong., 2d Sess. 66 (1968),
reprinted in
1968 U.S.C.C.A.N. 2112, 2161-63. Every circuit to address the issue, including our own, has upheld Title III against a challenge of facial unconstitutionality.
See United States v. Turner,
Title III was amended and retitled by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2521 (“Title I”). For purposes of Petti’s appeal, we are concerned with only one of the changes Title I made: the addition of a provision, relied *1444 upon by the government in this case, permitting wiretap interception of an identified suspect’s conversations over telephone facilities that are not and cannot be identified by address in the warrant. See 18 U.S.C. § 2518(H). 2 Petti maintains the absence of a description of the specific telephone facilities from which the suspect’s conversations are to be intercepted violates the Fourth Amendment requirement that no warrant shall issue except one “particularly describing the place to be searched.”
The Supreme Court has explained: The manifest purpose of [the] particularity requirement was to prevent general searches. By limiting the authorization to search to the specific areas and things for which there is probable cause to search, the requirement ensures that the search will be carefully tailored to its justifications, and will not take on the character of the wide-ranging exploratory searches the Framers intended to prohibit.
Maryland v. Garrison,
the “test for determining the sufficiency of the warrant description is ‘whether the place to be searched is described with sufficient particularity to enable the еxecuting officer to locate and identify the premises with reasonable effort, and whether there is any reasonable probability that another premise might be mistakenly searched.' ”
If the description of the place to be searched avoids these dangers, it may comply with the particularity requirement even though it does not specify the physical location of the place to be surveilled. Thus, in
United States v. Karo,
The Government contends that it would be impossible to describe the “place” to be searched, because the location of the place is precisely what is sought to be discovered through the search. However true that may be, it will still be possible to describe the object into which the *1445 beeper is to be placed, the circumstances that led agents to wish to install the beeper, and the length of time for which beeper surveillance is requested. In our view, this information will suffice to рermit issuance of a warrant authorizing beeper installation and surveillance.
Id.
at 718,
The conditions imposed on “roving” wiretap surveillance by 18 U.S.C. § 2518(ll)(b)(ii) satisfy the purposes of the particularity requirement. The statute does not permit a “wide-ranging exploratory search,” and there is virtually no possibility of abuse or mistake. Only telephone facilities actually used by an identified speaker 3 may be subjected to surveillance, and the gоvernment must use standard minimization procedures to ensure that only conversations relating to a crime in which the speaker is a suspected participant are intercepted. See 18 U.S.C. § 2518(5). Further, the statute excuses failure to identify the particular telephone facilities to be surveilled only if the government establishes to the court’s satisfaction that it is impossible to specify the facilities because it is the suspect’s purpose to thwart interception by changing them. See 18 U.S.C. § 2518(1 l)(b)(ii).
Because the conditions imposed by the roving wiretap provision satisfy the purposes of the particularity requirement, and because we have determined previously that the many safeguards mandated by the statute for both roving and fixed interceptions satisfy the Fourth Amendment requirement that “no greater invasion of privacy [occur] than [is] necessary” to meet “the legitimate needs of law enforcement,”
Katz,
III. Necessity for Surveillance
Petti contends the government’s application for wiretap authority did not comply with the requirement that such an application attest to the necessity of the wiretap by including “a full and complete statement as to whether or not other investigative procedures have been tried and failеd or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous[.]” 18 U.S.C. § 2518(l)(c). “We review de novo whether a full and complete statement of the facts was submitted in compliance with 18 U.S.C. § 2518(l)(c),”
United States v. Brone,
*1446 Petti further contends the government's showing was directed only to the necessity for wiretap surveillance of the scheme to obtain control of the Rincon Reservation gambling enterprise, and not to the necessity for wiretap surveillance of the money laundering scheme. However, the facts that justified wiretapping the phones Petti used in an effort to obtain control of the gambling enterprise justified tapping the same phones when they were used to further the scheme to launder drug money.
In a related argument, Petti maintains the government did not notify the issuing judge prior to the wiretapping that the wiretaps would be used to intercept communications regarding the money laundering scheme. Title 18 U.S.C. § 2517(5) allows the evidentiary use of intercepted wire communications regarding offenses other than those specified in the authorizing order so long as a judge determines, on application
subsequent
to the interception, that they were otherwise intercepted in accordance with Title I.
8
The government complied with the statute. The issuing judge did not abuse his discretion in determining wiretaps were necessary.
See Brone,
IV. Sufficiency of Evidence
Petti claims there was insufficient evidence to convict him of the substantive offenses of money laundering and evasion of currency reporting requirements.
A defendant may be found guilty of foreseeable substantive offenses committed by coconspirators in furtherance of the conspiracy.
See, e.g., United States v. Aichele,
V. Four-Level Reduction for Minimal Participation 9
The government claims the district court clearly erred in granting Petti a four-
*1447
level reduction in his offense level under U.S.S.G. § 3B1.2(a),
see United States v. Sanchez-Lopez,
The government asserts the question of the appropriate comparison is open in this circuit, citing
United States v. Andrus,
We recently held that even when subsection (a)’s four-level reduction in offense level is available, a downward departure from the sentencing guidelines’ sentencing range may also be warranted if “the defendant’s role in criminal activity is so remote that relative blamelessness ‘is present to a degree
substantially in excess of that which ordinarily is involved in the offense.’
”
United States v. Valdez-Gonzalez,
Together, application note 1 and our ruling in Valdez-Gonzalez strongly suggest that while сomparison to the conduct of a hypothetical average participant may be appropriate in determining whether a downward departure from the sentencing range is warranted, the relevant comparison in determining whether a four-level adjustment in offense level is appropriate is to the conduct of co-participants in the case at hand — the comparison the district court madе in this case.
The government also mistakenly relies on Andrus’s holding that “merely being less culpable than one’s co-participants does not automatically result in minor [participant] status.”
The government further argues Petti does not qualify for the reduction because “he understood the full scope of the conspiracy and willingly participated in it.” The government relies on application note 1, which states “the defendant’s lack of knowledge or understanding of the scope and structure of the enterprise and of the activities of others is indiсative of a role as minimal participant.” U.S.S.G. § 3B1.2, comment, (n.l). The government suggests the converse necessarily follows. But while a lack of knowledge could support a finding of minimal participation, something more than a complete absence of understanding does not necessarily preclude such a finding. Although the government lists “critical functions” Petti performed as a member of the conspiracy, it concedes that “he was not involved in the actual ‘smurfing’ of the money into the banks, or privy to all the mechanics of the laundering operation,” and that his role was “subordinate” to Silberman’s. The government has pointed to no evidence indicating the district court clearly erred in *1448 concluding Petti’s role was minimal in comparison to that of his co-participants.
VI. Downward Departure
The government maintains the district court erred in departing downward from the sentencing rangе. The court reasoned a downward departure was warranted to eliminate the disparity between Silberman’s 46 month sentence and the 37 to 46 month sentencing range applicable to the less culpable Petti.
A district court may not depart downward to correct sentencing disparities between codefendants.
United States v. Mejia,
We vacate the sentence and remand for resentenсing within the 37 to 46 month range.
AFFIRMED in part; VACATED and REMANDED in part. 10
Notes
. "Smurfs” are television cartoon characters who move rapidly from place to place. "Smurf-ing” schemes are those in which participants carry out multiple transactions in various banks to avoid filing currency transaction reports.
See United States v. Morales-Vasquez,
. The statute provides that an application for an order authorizing wiretap surveillance usually must include a description of the place or facilities from which communications are to be intercepted, 18 U.S.C. § 2518(l)(b)(ii), and the issuing judge must determine there is probable cause to believe the facilities in question are being or will be used in connection with the commission of an offense, or are leased to, listed in the name of, or commonly used by the suspect, 18 U.S.C. § 2518(3)(d). The 1986 amendment added the provision that these requirements need not be met if certain conditions are satisfied:
The requiremеnts of subsections (l)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if—
(b) in the case of an application with respect to a wire or electronic communication—
(i) the application is by a Federal investigative or law enforcement officer and is approved by the Attorney Genеral, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;
(ii) the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; and
(iii) thе judge finds that such purpose has been adequately shown.
18 U.S.C. § 2518(11)(b).
. In contrast, in an application for fixed wiretap surveillance the anticipated speaker need be identified only if known. 18 U.S.C. § 2518(l)(b)(iv);
see also United States v. Donovan,
. These safeguards are discussed in the context of the roving interception provision in the opinion of the district court in this сase,
United States v. Silberman,
. See generally Clifford S. Fishman, Interception of Communications in Exigent Circumstances: The Fourth Amendment, Federal Legislation, and the United States Department of Justice, 22 Ga. L.Rev. 1, 65-69, 86 (1987) (concluding roving surveillance provision is constitutional); Michael Goldsmith, Eavesdropping Reform: The Legality of Roving Surveillance, 1987 U.Ill. L.Rev. 401, 415-425 (same).
.
United States v. Carneiro,
. The affidavits explained that agents had obtained and analyzed telephone toll records and “pen registers” recording the numbers dialed from a particular telephone, but this data did not provide thе kind of information necessary to establish the offenses suspected; that the agents had tried to "wire” Benjamin to record his conversations with Petti but failed because of steps Petti took to avoid surveillance; and that they had tried to obtain the necessary information from Benjamin’s oral reports of these conversations, but Benjamin was not privy to many of the crucial conversations and in any event, given his criminal recоrd, would not be a *1446 sufficiently credible trial witness without corroborating evidence.
Petti contends Benjamin’s credibility is irrelevant because the government's ultimate ability to prosecute its case successfully may not be considered in determining necessity. He is incorrect.
See, e.g., Brone,
. Section 2517(5) provides in pertinent part:
When an ... officer, while engaged in intercepting wire ... communications in the manner authorized herein, intercepts wire ... communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and any evidence derived therefrom,.... may be [disclosed at trial] when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable.
18 U.S.C. § 2517(5).
. In his opening brief, Petti contended the government’s cross-appeal had to be dismissed because the appellate record did not reflect compliance with 18 U.S.C. § 3742(b), which provides the government may not prosecute an appeal of a sentence "without the personal approval of the Attorney General, the Solicitor General, or a deputy solicitor general designated by the Solicitor General.’’
With its reply brief the government submitted proof that the United States Attorney had in fact received authorization from the Solicitor General to appeal Petti's sentence.
The statute does not require that proof оf approval be included in the appellate record.
*1447
See United States v. Hall,
. Cause has been shown for Petti’s counsel’s delay in filing his opening brief and we decline to impose sanctions.